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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 108   View pdf image (33K)
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until the general election for Delegates to the General Assembly, to be held
next thereafter, when a successor shall be elected for the term of six years.

The title to an office conferred upon a clerk who has been returned elected, received
a commission under sec. 11 and duly qualified, is not that conferred on a person who
has been elected as provided in this section; hence such incumbent is not entitled to a
full term of six years under this section which could only begin "from the time of his
election. " The "vacancy" contemplated by this section is one that occurs after an
election by the voters. Where the house of delegates acting under sec. 12 declares an
incumbent (holding under sec. 11) not entitled to the office, an election should be held
at the earliest possible moment; if it can not be held at the time the house of delegates
appoints, then it may be held at the general election as mentioned in art. 15, sec. 7;
the person so elected is entitled to the full term, to begin from his election. Meaning
of the word "vacancy" as used in this section. Wells v. Munroe, 86 Md. 446. And see
Ijams v. Duvall, 85 Md. 261; Sansbury v. Middleton, 11 Md. 296.

Under art. 4, sec. 14, of the Constitution of 1851, a clerk held over at the expiration
of his term until his successor qualified. Sappington v. Scott, 14 Md. 52.

Art. 4, sec. 16, of the Constitution of 1851, referred to in construing art. 7, sec. 8, of the
Constitution of 1851—see notes to art. 7, sec. 1. Washington County v. Nesbitt,
6 Md. 471.

This section referred to in construing secs. 11 and 12—see notes thereto. Brooke v.
Widdecombe, 39 Md. 398.

See notes to sec. 37 and see art. 17, An. Code.

Sec. 26. The said Clerks shall appoint, subject to confirmation of the
Judges of their respective Courts, as many deputies under them as the said
Judges shall deem necessary to perform, together with themselves, the
duties of the said office, who shall be removable by the said Judges for
incompetency, or neglect of duty, and whose compensation shall be accord-
ing to existing or future provisions of the General Assembly.

The duty of employing deputies is imperative, and they must be appointed with the
approval of the judge of the court; and they can not be retained if found by the
judge to be incompetent or negligent. The clerk cannot appoint a greater or less
number of deputies than the court deems necessary. The clerk cannot fix the salaries
of the deputies, but must allow such salaries as the comptroller shall determine—see
art. 17, sec. 25, of the An. Code. Deputies are not mere agents of the clerk; they are
agents and officers of the court. If the clerk fails to pay his deputies their salaries,
his official bond is liable. State, use of Smith v. Turner, 10l Md 588.

Part IV: —Courts of Baltimore City.

Sec. 27. There shall be in the Eighth Judicial Circuit six Courts, to be
styled the Supreme Bench of Baltimore City, the Superior Court of Balti-
more City, the Court of Common Pleas, the Baltimore City Court, the Cir-
cuit Court of Baltimore City 1 and the Criminal Court2 of Baltimore.

Cited in holding that judges' salaries are not subject to State income tax (1937, Sp.
Sess., ch. 11). Gordy v. Dennis, 176 Md. 114.

The circuit court of Baltimore city was provided in and for the eighth judicial circuit
by this section, and under sec. 29 it has exclusive jurisdiction in equity. (But see
sec. 39 and the act of 1888, ch. 194, creating the circuit court No. 2 of Baltimore city. )
Wilmer v. Savings & Bldg. Assn., 141 Md. 240.

See notes to sec. 28 and see art. 11, Md. Constitution.

Sec. 28. The Superior Court of Baltimore City, the Court of Common
Pleas, and the Baltimore City Court3 shall each have concurrent juris-
diction in all civil common law cases, and concurrently all the jurisdiction
which the Superior Court of Baltimore City and the Court of Common
Pleas now have, except jurisdiction in Equity, and except in applications
for the benefit of the Insolvent Laws of Maryland, and in cases of Appeal

1 Circuit court" No. 2 established by act of 1888, ch. 194.

2 Criminal court No. 2 established by rule of the supreme bench, December 21, 1897.
See Jackson v. State, 87 Md. 191.

3 The jurisdiction of the Baltimore city court, the superior court and the court of
common pleas was enlarged by the act of 1870, ch. 177.


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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 108   View pdf image (33K)
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